Articles Posted in SB-1

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Have you ever wondered how you can apply for a green card renewal while outside of the United States? In this video, attorney Jacob Sapochnick tells you everything you need to know about this process.

We also discuss how you can travel internationally if your green card has already expired.

If you want to know more about this topic, please keep on watching!

Overview

This topic will be of interest to permanent residents who are overseas and now have an expired green card, as well as those who want to travel abroad but have an expired green card.

When you are issued a green card (Permanent Residence), it essentially means that you have the right to live permanently in the United States for a renewable period of 10 years.

Some of the benefits of being a lawful permanent resident are that you can accept employment without restriction, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. Before the expiration of your permanent resident card, you must apply to renew it by filing Form I-90 with the U.S. Citizenship and Immigration Services (USCIS).

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In this video, attorney Jacob J. Sapochnick answers one of your frequently asked questions: I stayed overseas after my green card expired. Can I renew my green card?

Overview: 

This is a very important question that we often receive from our followers. Although the green card is a permanent resident card, there are certain rules you must follow to maintain your permanent resident status. If you leave the United States for more than one year, without obtaining a re-entry permit (a document that would preserve your residency), you may risk losing your green card.

In this particular situation, a person who has been out of the country for three and a half years is now at risk of losing their permanent resident status. There are two issues that arise with this situation. The first issue is that it is not going to be possible to renew the green card from overseas. Secondly, even if the green card had not expired, trying to re-enter the United States after such a long period of absence could be a problem. This is because the presumption is that you have abandoned your permanent residency, having been out of the country for so long.

Generally, persons who have stayed overseas for more than a year, but who maintain a valid unexpired green card, may apply for re-entry to the United States by applying for a returning resident visa called SB-1 at a U.S. Consulate overseas. To be successful, you must prove that you had circumstances that were beyond your control requiring you to stay overseas. This may be difficult to prove if you have stayed overseas for a prolonged period of time. The less time you spend abroad after the year, the easier it will be to obtain the SB-1 visa. You must also show that you are not abandoning your permanent residency.

If your green card has already expired and you are overseas, it will be very difficult to re-enter the United States, especially if you have stayed overseas for a prolonged period of time. In this situation you should consult with an attorney to discuss your options based on your situation.

Recap:

  • If you leave the US for more than a year without getting, for example, a reentry permit you may lose your green card.
  • Two issues: not possible to renew it overseas and it could mean you abandoned your residency.
  • Three years is considered a long time; card now is deemed abandoned. Best thing to do is to consult an attorney.
  • If your green card has not yet expired and you have stayed overseas for more than one year, you may be able to apply for the SB-1 Returning Resident Visa.

For more information about the SB-1, please contact our office.

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